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Old August 8, 2016, 11:49 AM   #1
Dr Bob
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Join Date: August 7, 2016
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Gun laws for drug addicts

My previous post was closed so I thought I'd ask a different way. I am not asking for advise, just want I know if anyone knows the law. Assuming no felony convictions and just a past addiction, what are the laws regarding passing a background check for someone with a past history of drug abuse? This is in California if that makes any difference.
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Old August 8, 2016, 11:56 AM   #2
Spats McGee
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The fact that it's in CA may make a huge difference. Unfortunately, I'm not well-versed in CA law, so I'm going to steer clear of that part. Fortunately, we've got a few folks hanging around who are well-versed in CA law.

As for federal law:
Quote:
(g) It shall be unlawful for any person--
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;
(5) who, being an alien--
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));
(6) who has been discharged from the Armed Forces under dishonorable conditions;
(7) who, having been a citizen of the United States, has renounced his citizenship;
(8) who is subject to a court order that--
(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(9) who has been convicted in any court of a misdemeanor crime of domestic violence,to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

18 U.S.C.A. ยง 922 (West)
I have bolded the parts that seem particularly relevant to your question.
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Old August 8, 2016, 12:42 PM   #3
Frank Ettin
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Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,105
California law is here and here.

Quote:
Originally Posted by Dr Bob
....Assuming no felony convictions and just a past addiction, what are the laws regarding passing a background check for someone with a past history of drug abuse? This is in California if that makes any difference.
Neither Spats nor I are assuming anything. You shouldn't either.

Instead of relying on assumptions, you son needs to hire a qualified lawyer to ascertain what all the facts are and then consider how the law does, or does not, apply.

That's all we can do here.
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